prevailing wage is typically based on the wages paid to workers on similar projects in the area. The act was intended to avoid situations where contractors would low-ball their proposed costs on a project at the expense of their workers’ wages. There are several states that have their own prevailing wage laws, known as “little Davis-Bacon” acts, for any state-funded construction projects and do, in some cases, extend to projects at the local and municipalities level as well.
So prevailing wage is basically a worker’s hourly wage?
Yes and no. Prevailing wage comprises two parts: The first is the basic hourly rate paid to each worker. The second is what is known as the “fringe benefits” amount. Fringe benefits include a separate per-hour dollar amount paid out as part of a worker’s wages or used to fund a “bona fide” benefits plan, such as a 401(k), life and health insurance, vacation, and holiday pay, or even apprenticeship training programs.
Simply put, if a worker’s base pay on a project was $30 an hour and the fringe benefits amount was $10 an hour, the contractor can pay out the $10 in fringe benefits as wages, essentially increasing the worker’s hourly pay to $40, or they can elect to put that $10 into a benefits plan for their employee.
So, which is better — cash or a bona fide benefits plan?
Many contractors pay out the mandatory fringe benefit as wages because it’s the easiest way to comply with the law. While that may be true, it’s also much more costly to the contractor. And the reason is pretty simple: all wages paid to employees are subject to payroll taxes, such as social security taxes, federal and state unemployment taxes, workers’ compensation insurance, and general liability insurance. The rate varies, but it is estimated that the additional cost to the contractor for these payroll taxes is roughly 25 cents for every dollar paid in wages.
On the other hand, if a contractor uses those fringe dollars to fund a “bona fide” benefits plan for their employees, that money would be exempt from all payroll taxes. Thus saving the contractor tens of thousands, maybe even hundreds of thousands, of dollars a year.
Don’t believe me? Here’s an example:
Let’s say Contractor A has 25 employees working on a prevailing wage job that will last six months. Each employee works approximately 500 hours during this time, and the fringe amount is roughly $10 an hour.
25 (employees) x 500 hours = 12,500 hours
12,500 (hours) x $10 fringe benefit dollars = $125,000 fringe benefit dollars
If Contractor A decides to pay out that $125,000 fringe benefit as wages to their employees, they will be hit with a 25% payroll tax on every single one of those dollars.
$125,000 x 25% in payroll taxes = $31,250 in additional payroll taxes
If Contractor A elects to put those fringe benefit dollars into a “bona fide” benefits plan for her employees, such as a 401(k) retirement account, not a single dollar would be subject to payroll taxes. That means $31,250 in savings, which can be used later to make more competitive bids for future projects.
Using these fringe dollars properly also allows a contractor to implement or improve their existing benefit programs in a few ways:
- For those employers who offer a 401(k), paying the fringes as cash means funding the benefits in duplicity, as these payments are paid out of the operational account of the business. Using these fringe dollars to an employer and employee’s advantage can reduce that extra expense considerably.
- In today’s tight labor market, employees look at total compensation packages, including benefits like a 401(k). These fringe dollars can assist companies with bolstering their current programs by offering better benefit coverages or adding additional benefit options for their employees.
- Employers can improve their 401(k) plan by using fringe dollars to offset or meet matching requirements they may choose to include. This includes discretionary employer match, safe harbor, or profit-sharing contributions to the plan. Contractors often hesitate to include matching contributions to their retirement plan due to the costs. Utilizing the prevailing wage dollars to meet a portion of these contributions allows you to offer more retirement benefits to all your employees at a reduced cost to the company.
Required annual compliance testing for all 401(k) plans can be extremely complicated and are put into place to ensure that all participants benefit equally from the plan. When working with a plan administrator specializing in designing retirement plans for prevailing wage contractors, you can be confident that you are staying compliant and offering the best solution for all your employees and the company owners.
In the end, when utilized correctly, prevailing wage — comprised of a per-hour cash wage and a per-hour benefits wage – is a significant benefit to both the laborers and contractors working on publicly-funded construction projects.
Prevailing wage benefits isn’t easy business. For over 35 years, Beneco has focused exclusively on serving the unique needs of contractors through retirement plans, health care benefits, compliance services, and HR solutions and has a level of expertise in prevailing wage that few can offer.
" target="_blank">Maximize Prevailing Wage Dollars with an Employer Sponsored 401(k) Plan
Prevailing wage was established under federal law by the Davis-Bacon Act of 1931. The act mandates that contractors and subcontractors pay their workers an hourly [...]
The last couple of years have seen increased inflationary pressures. There are few industries that are hit by this harder than the construction and real estate industries. While many consumers started to see this in 2021 and 2022 as gas and housing prices started increasing, the construction industry started feeling the pressure much earlier. Supply chain disruptions due to COVID, lumber, gas, and other commodities have been increasing at an extraordinary rate, leading contractors and their advisors to question where to generate additional cash flow to offset these pressures.
One place to look is the tax code. Specifically looking at incentives designed for contractors, designers, and other construction industry professionals. Some of the lesser-known incentives for contractors relate to the Energy Policy Act of 2005 (EPACT). Under this act multiple incentives were put in place to incentivize energy efficient construction practices. While most of these provisions were designed to be temporary under EPACT, many have been extended multiple times, or made permanent. By maximizing these incentives individuals in the construction industry can generate additional cash flow to offset inflationary pressures.
The first area to look at is the 179D Energy Efficient Building Deduction. This deduction of up to $1.80/sf was originally designed for the owners of energy efficient commercial properties. When a property is built with efficient lighting, HVAC, and insulation the owner can qualify for this deduction which reduces their depreciable basis in the asset. In order to qualify the building needs to be modeled to show that the energy consumption is 50% of a standard building designed to the ASHRAE 90.1-2007 regulations. This can be done on new construction property or renovations that increase the energy efficiency to the desired level.
Contractors might be wondering “what does this have to do with me”? While it is wonderful that the owner can receive a deduction for the installation of energy upgrades, how would a contractor or engineer see any benefits? The answer to that question lies in the fact that properties owned by federal, state, or local governments can transfer their deduction to the designer of the energy efficient property. Meaning that if a construction company designs HVAC and lighting upgrades for a school, that school can transfer the deduction back to the construction company. It is important to note that the transfer needs to be done to a company or individual involved in the design and that “a person who merely installs, repairs, or maintains the property is not a designer.” However, an “architect, engineer, contractor, environmental consultant, or energy services provider” that works on “technical specifications” is considered a designer. This means that a contractor that assists in writing the specifications or design of the property can legitimately claim this deduction.
The 179D deduction was originally slated to expire after a few years. However, Congress extended the rules multiple times. Then in the Consolidated Appropriations Act, 2021 the rule was made permanent, meaning that contractors can rely on this deduction for designs being completed in 2022 and beyond.
Another energy incentive that contractors need to be aware of is the 45L, Energy Efficient Home Credit. While this credit did expire at the end of 2021, eligible contractors can still claim this deduction on amended returns for prior years. This credit, like the 179D deduction, requires new construction to exceed certain standards. However, unlike the 179D deduction, this credit is only for newly constructed or renovated residential facilities of three stories or less. More importantly, this credit is designed not for the final owner, but for the developer who owns the property during the development cycle.
While the 179D deduction is based on square footage, the 45L credit is a credit of up to $2,000 per residential unit. This means that a developer that constructs a qualifying apartment complex can take the credit on each of the units in the property. A 300-unit qualifying apartment complex could see a credit as high as $600,000. And as opposed to the 179D deduction, this is a credit, meaning a dollar-for-dollar reduction in tax liability. As noted above, contractors need to be aware that this credit has expired, but there is a good chance that it will be extended in tax extenders legislation later in 2022.
With inflationary pressure at the highest in 20 years, contractors need to be aware of any cash flow opportunities available to them. By looking at these and other tax incentives, cash can be generated by reducing tax liability. It is critical that contractors and their CPAs be aware of all these incentives when preparing the 2021 tax returns and planning for future years." target="_blank">Tax Incentives to Help Contractors Combat Inflation
